AI Structured Summary
Not yet generated for this judgment
Judgment
Mr.S.Kanmani Annamalai, learned Additional Government Pleader takes notice for the respondents and by consent of parties, the writ petition
is taken up for disposal at the admission stage.
The petitioner is aggrieved against the order of the first respondent dated 08.02.2017 only in so far as the condition imposed for furnishing the
bank guarantee for a sum of Rs.7,12,364 /- while granting the interim stay by the Appellate Authority.
Learned counsel for the petitioner submits that the petitioner already paid the 50% of the tax liability and therefore the petitioner may be
permitted to furnish personal bond in respect of the balance 50% instead of furnishing bank guarantee as directed by the first respondent. He also
relied on an order passed by this court in W.P.No.38061 of 2016 dated 02.11.2016 in support of his submission wherein this court has
considered the similar issue and directed the petitioner therein to furnish personal bond instead of bank guarantee. The learned Additional
Government Pleader is not disputing the above said fact.
Considering the above stated facts and circumstances, this writ petition is partly allowed and the impugned order is modified only to the extent
where direction has been given to furnish bank guarantee instead of which the petitioner shall furnish the bond for the full value and keep the bond
alive till the disposal of the appeal before the first respondent. The petitioner is directed to furnish the bond within a period of two weeks from the
date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed.